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HomeMy WebLinkAbout2008 02 11 Consent 207 Approval of the City Commission Regular Meeting Minutes of January 28, 2008 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 28,2008 CALL TO ORDER The Regular Meeting of Monday, January 28,2008 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Donald A. Gilmore, present Commissioner Robert S., Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, arrived at 5:22 p.m. Mr. Kevin Smith, Director, General Services Department, present for the City Manager City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. INFORMA TIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion ensued on the status of Jesup's Reserve. INFORMATIONAL 101. Utility Department Informing The City Commission On the Potable Water Usage For 2007. There was no discussion on this Agenda Item. J I r---' ~-- ... ~ cr~ r" I r" . ~~ ~ ~ CITY OF WfNTER SPRfNGS, FLORIDA MfNUTES CITY COMMISSION REGULAR MEETfNG - JANUAR Y 28, 2008 PAGE 2 OF 13 "MOTION TO APPROYE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. YOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORGILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Public Works Department Requesting Approval Of A Quit Claim Deed Conveying Property To The City. City Attorney Anthony A. Garganese said, "Before the City formally accepts the Quit Claim Deed, my recommendation would be to just get some Title work on the property because the Quit Claim Deed says that the City takes subject to all encumbrances, liens, assessments, and so forth. And we just need to double check, make sure that that property is going to be free and clear." Attorney Garganese added, "I would approve it subject to the title work being deemed acceptable. " "SO MOYED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. YOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. J 1 r-w;-, :: - IK:. .. n~ r'" I r'" I ~C :.- ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28,2008 PAGE 3 OF 13 CONSENT 201. Public Works Department - Stormwater Division Requests Approval To Enter Into A Project Agreement With The Natural Resources Conservation Service (NRCS) For The Gee Creek Bank Stabilization Project At Hacienda Village. Commissioner Robert S. Miller suggested that Staff get information in advance for when the check needs to get made out to. CONSENT 202. Office Of The Mayor Requesting Approval Of Resolution Number 2008-08 Expressing Appreciation To David Pritchett For His Service On The Beautification Of Winter Springs Board. No discussion. CONSENT 203. Office Of The City Clerk Approval Of The January 7, 2008 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk Approval Of The January 14,2008 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE COMMISSIONER BROWN. DISCUSSION. CONSENT" AGENDA. MOTION BY SECONDED BY COMMISSIONER McGINNIS. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. ~ I r--, ~ - K ~ nr~~ ,...,. . ,...,. . ~~ :.-- -; ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2008 PAGE40F 13 AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TIONS 300. Office Of The City Manager Tricia Johnson Of LYNX Requesting To Make A Presentation To The City Commission Regarding LYNX Services. Ms. Tricia Johnson, Government & Community Affairs Manager, LYNX 455 North Garland Avenue, Orlando, Florida: addressed the City Commission and stated, "We will begin bus service in December of 2008 along State Road 434 starting with the Oviedo Marketplace through Red Bug, Tuskawilla, stopping in the Winter Springs Downtown Center and Winter Springs High School and then through Longwood ending at the Rosemont superstop." City Manager Ronald W McLemore arrived 5:22 p.m. Commissioner Sally McGinnis asked Ms. Johnson, "There are other stops?" Ms. Johnson responded, "Absolutely. One thing I would like to clarify with you. I have gotten a lot of questions. Where will the stops be? We don't necessarily determine where all the stops are. Cities and Counties make that determination. So, if you have areas that you would like to be addressed in Winter Springs, please let me know." Ms. Johnson added, "Also let your County Commissioners know because they will also playa role in determining where the stops are located." Ms. Johnson added, "We will have shelters at some of the stops." Mayor Bush mentioned to Ms. Johnson, "I am sure that Winter Springs will want their bus stops to look different than others." Deputy Mayor Donald A. Gilmore said to Ms. Johnson, "I am hoping that we receive periodic reports on ridership?" Ms. Johnson stated, "Absolutely." Discussion. Ms. Johnson then noted that "LYNX is hosting a series of Town Hall meetings throughout our three (3) County service area." Furthermore, Ms. Johnson said, "The Town Hall Meetings in Seminole County are on Wednesday, February 6th [2008] at six p.m. at Longwood Community Center. I did mail each of you a flyer about these events. February 7 [2008] is at 'Good Morning Seminole' which is the Seminole County Regional Chamber of Commerce breakfast meeting and that is at the Lake Mary Marriott." at 7:30 a.m. As to who on our Staff would work with LYNX, Manager McLemore said, "The coordinating person there would be Community Development Department..." Mayor Bush added, "... Randy Stevenson." ( I r.....-;, ~ - IL :. r-v: r-" . r" . --=~ :.---; : . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 28, 2008 PAGE 5 OF 13 AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation By Seminole County Commissioner Bob Dallari. This Agenda Item was not heard. .:. .:. AGENDA NOTE: PUBLIC INPUT WAS HELD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. PUBLIC INPUT Mr. Richard Schaffer, 319 Arapaho Trail, Winter Springs, Florida: spoke on the proposed Fire Assessment Fee and mentioned that many residents are on fixed incomes and asked the City Commission to please consider the Tuscawilla Trails residents. Brief discussion. Mr. Laurent A. Pellerin, 116 South Moss Road, Winter Springs Florida: mentioned he had attended a previous Town Hall Meeting; commented on Property Tax Reform issues; and noted that there were residents on the West side of the City who also were hurting financially. Discussion. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned that the "Grandville" project was most likely gomg forward. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. r 1 r:----;-, == - -= ]II ~ r"' II ,..... . ~~ :.---; : . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2008 PAGE 6 OF 13 REPORTS 403. Commission Seat Four - Sally McGinnis Commissioner McGinnis asked that the appearance of the Civic Center be looked into soon. Next, Commissioner McGinnis commented on the proposed rate for mobile homes and asked if it ever has been tested in the Courts? Attorney Garganese mentioned he would discuss that with Special Counsel working on the Ordinance. Discussion ensued on hardship cases; the Engle's property; and the Tax rate. Commissioner Miller suggested that similar size residences to Mobile Homes also be considered. Manager McLemore responded, "We'll do the details and bring it back to you." REPORTS 404. Commission Seat Five - Joanne M. Krebs Absent. REPORTS 405. Office Of The Mayor - John F. Bush Mayor Bush spoke of Lake Mary's new Events Center and suggested that the City Commission also visit it out and that the City Commission should consider one for Winter Springs also. Secondly, Mayor Bush recommended that the City Commission consider starting a Foundation for the Arts. Next, Mayor Bush thought that a Citizen Committee for Economic Development should be developed. "I WOULD LIKE TO MOVE THAT WE PROCEED WITH THAT AND COME BACK WITH THE INFORMATION NECESSARY TO MAKE THAT A REALITY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. r-1 r---, ::-- ~ ~ r--~ ,.... . ...... I ~C :.---; = . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 28, 2008 PAGE 7 OF 13 Mayor Bush then mentioned his Meeting with Representative Dean Cannon. Discussion. Next, Mayor Bush further addressed an Events Center and stated, "I think we need a Motion on that to maybe direct Staff to try to explore the possibilities - we're talking about, not only the costs but the location - the Town Center might be an excellent place." "MOTION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH ADDED, "BASICALLY TO DIRECT STAFF TO EXPLORE POSSIBILITIES..." COMMISSIONER MILLER ADDED, "...LOCATIONS." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Mayor Bush added that there was a large enough room at the Lake Mary Events Center for dancing. REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller mentioned that he would bring a slide presentation to the next Meeting on the recent Highland Games events. REPORTS 407. Commission Seat Two - Rick Brown Commissioner Rick Brown further spoke on Economic Development and the Economic Development Committee. REPORTS 408. Commission Seat Three/Deputy Mayor - Donald A. Gilmore Commissioner Gilmore spoke briefly of excess irrigation usage comments and mentioned that on Winter Springs Boulevard at Tuscawilla, there was excess water around 7:00 p.m. or 8:00 p.m. last evening. Mr. Kip Lockcuff, P.E. Director, Public Works/Utility Department commented, "Steve (Richart) can give you a Report." .- 11 r--, ~ ~ K ~ n~ r-" . r"'.. ~~ :.--; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 28, 2008 PAGE 8 OF 13 .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS HELD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REPORTS REPORTS 405. Office Of The Mayor - John F. Bush Mayor Bush commented on the Hometown Democracy petition and mentioned they are good for two (2) years, and then noted, "I think the bottom line for the cities is we better have our Comp[ rehensive] Plan about as tight as it is going to be, because if that passes, it will be almost impossible to change it. So, we can do that Eloise (Sahlstrom)?" Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department stated, "We're working hard on it." Mayor Bush called a Recess at 6:01 p.m. Mayor Bush called the Meeting back to Order at 6: 14 p. m. Tape IISide B .:. .:. AGENDA NOTE: THE ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED, FOLLOWED BY THE PUBLIC HEARINGS AGENDA. .:..:. REPORTS REPORTS 405. Office Of The Mayor - John F. Bush Mayor Bush spoke for the Record about an American kilt which was presented to Mayor Bush. Mayor Bush noted it belongs to the City of Winter Springs and would also be displayed. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing On The Draft Evaluation And Appraisal Report (EAR) Recommendations Related To The City's Major Issues, Recently Discussed At The Joint Local Planning Agency And City Commission Special Meeting Held On January 17,2008. Ms. Sahlstrom addressed the City Commission. r 1 r-,.-, ::- ~ -= ~ n~ ~ ill ("""fA . ~~ :.---; =--- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2008 PAGE 9 OF 13 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Matthew Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commended the good work that has been done and suggested we look for Grant funds when possible. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed on urban sprawl and housing options for the elderly. Commissioner McGinnis mentioned she would provide the City Commission with an advertisement from the Baltimore Sun newspaper. Discussion. "I WOULD LIKE TO MAKE A MOTION RELATIVE TO ITEM 7., THAT WE REMOVE A POLICY ENCOURAGING - THAT WE JUST LET THE STATE LAW BE WHAT IT MAY, AND THAT WE USE THIS AS A 'CONDITIONAL USE' IN A SINGLE FA MIL Y ZONING DISTRICT SUBJECT TO STRICT DESIGN COMP AT ABILITY GUIDELINES TO PROTECT THE NEIGHBORHOOD CHARACTER." MOTION BY DEPUTY MA YOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN : NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. "I MAKE A MOTION TO TAKE OUT THE WORD 'ENCOURAGE'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. NO ACTION WAS TAKEN ON THIS MOTION. Ir 1 r~' ;:: - (I:" ~ rr~ 0.14 l~ I ~ ""':;:;=-- ~'>...--g ~,. "'~_,.;OI__.~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2008 PAGE 10 OF 13 COMMISSIONER MILLER ADDED, "I TAKE IT THAT THERE IS A LOT OF RESISTANCE TO THAT TOO, SO, I WILL MAKE A MOTION THAT ALL OF THESE ITEMS HERE WHERE - IT SAYS, ADD A POLICY OR POLICIES TO THE COMPREHENSIVE PLAN, DESIGNATING ONE (1) OR MORE AREAS, I WOULD LIKE TO ADD A POLICY OR POLICIES THAT ENCOURAGES THE COMPREHENSIVE PLAN DESIGNATING ONE (1) OR MORE AND THEN PUT 'ENCOURAGING' ALL THE WAY THROUGH THIS DOCUMENT. EVERYWHERE, WHERE IT SAYS ANYTHING, STRENGTHEN POLICIES THAT ENCOURAGE, REQUIRED INTERACTION OF NEW DEVELOPMENT - POLICY OF FUTURE LAND USE THAT ENCOURAGES THE CITY TO ALLOW AND PROMOTE VERTICAL INTEGRATION - AND ONL Y DISCOURAGE URBAN SPRAWL." MOTION DIED FOR LACK OF A SECOND. Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ELIMINATE ITEM 7. SINCE IT IS ADDRESSED BY STATE LAW)' MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: NAY DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. MAYOR BUSH NOTED, "CAN WE HAVE A MOTION THEN TO APPROVE" [AGENDA ITEM]? MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. r- ") r--, ~ ~ -= ~ n~~ ~I. ~ w~ ~~ ,......... CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2008 PAGE II OF I3 PUBLIC HEARINGS 501. Office Of The City Manager Requesting The Commission To Approve Second Reading Of The Ordinance 2008- 01, Which Establishes The Fire Assessment Program In The City Of Winter Springs, And Approve Of The Associated Initial Rate Resolution. (This Agenda Item Has Been Delayed Until February 11, 2008 In Order To Allow The Consultants And Attorney Sufficient Time To Recalculate The Assessment Rates To Allow For A Mobile Home Rate Category, And To Develop A Hardship Exemption Program And Installment Payment Plan Program.) No action was needed or taken during this Meeting. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting City Commission Consideration Of Resolution Number 2008-02 To Update The City's Personnel Policies Regarding Military Leave. (This Item Was Tabled At The January 14, 2008 Commission Meeting. Request Commission To Remove Item From Table.) "I MAKE A MOTION THAT WE REMOVE THIS FROM THE TABLE." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Brief discussion. "I MAKE A MOTION THAT WE ADOPT THE TWENTY-FOUR (24) MONTHS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. J;: 1 r--' :-- K: ...... p~ ,...... . r' . ~~ ~""': ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 28, 2008 PAGE 12 OF 13 REGULAR 601. Not Used. REGULAR 602. Office Of The City Attorney Requests The City Commission Review The Attached Resolution Number 2008-09 Adopting A New City Of Winter Springs Policy Regarding The City's Collection And Use Of Social Security Numbers. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 603. Public Works Department Requesting The Commission Direction On The Trail Bridge Flags. Discussion ensued with Mr. Lockcuff. Tape 2/Side A "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. MAYOR BUSH ADDED, "THAT WE FLY FLAGS ON THOSE POLES; THAT IS THE MOTION." MAYOR BUSH ADDED, "TO CLARIFY YOUR MOTION, IT IS THAT WE APPROVE FLYING FLAGS FROM THESE FOUR (4) POLES AND FLY THEM APPROPRIATELY WITHIN ALL THE LAWS OF THE LAND, ETC., ETC., ETC." COMMISSIONER BROWN ADDED, "THAT WAS MY MOTION, YES." ,.....-. r--, ;::: - .: ~ 0~ r' I r-" I --~ :.--: :'-',J VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 28, 2008 PAGE 13 OF 13 Deputy Mayor Gilmore mentioned that the flags at the Senior Center need to be replaced. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:03 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2008 Regular City Commission Meeting. J:: 1 r--' ::- - ... ~ ~ ~.. t"'"' I ~~ :.--~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 28, 2008 CALL TO ORDER The Regular Meeting of Monday, January 28, 2008 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, arrived at 5:22 p.m. Mr. Kevin Smith, Director, General Services Department, present for the City Manager City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion ensued on the status of Jesup's Reserve. INFORMATIONAL 101. Utility Department Informing The City Commission On the Potable Water Usage For 2007. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 2 OF 13 "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. • • CONSENT AGENDA CONSENT 200. Public Works Department Requesting Approval Of A Quit Claim Deed Conveying Property To The City. City Attorney Anthony A. Garganese said, "Before the City formally accepts the Quit Claim Deed, my recommendation would be to just get some Title work on the property because the Quit Claim Deed says that the City takes subject to all encumbrances, liens, assessments, and so forth. And we just need to double check, make sure that that property is going to be free and clear." Attorney Garganese added, "I would approve it subject to the title work being deemed acceptable." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 3 OF 13 CONSENT 201. Public Works Department - Stormwater Division Requests Approval To Enter Into A Project Agreement With The Natural Resources Conservation Service (MRCS) For The Gee Creek Bank Stabilization Project At Hacienda Village. Commissioner Robert S. Miller suggested that Staff get information in advance for when the check needs to get made out to. CONSENT 202. Office Of The Mayor Requesting Approval Of Resolution Number 2008-08 Expressing Appreciation To David Pritchett For His Service On The Beautification Of Winter Springs Board. No discussion. CONSENT 203. Office Of The City Clerk Approval Of The January 7, 2008 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 204. Office Of The City Clerk Approval Of The January 14, 2008 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. ~~MOTION TO APPROVE CONSENT" AGENDA. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 4 OF 13 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Tricia Johnson Of LYNX Requesting To Make A Presentation To The City Commission Regarding LYNX Services. Ms. Tricia Johnson, Government & Community Affairs Manager, LYNX, 455 North Garland Avenue, Orlando, Florida: addressed the City Commission and stated, "We will begin bus service in December of 2008 along State Road 434 starting with the Oviedo Marketplace through Red Bug, Tuskawilla, stopping in the Winter Springs Downtown Center and Winter Springs High School and then through Longwood ending at the Rosemont superstop." City Manager Ronald W. McLemore arrived S: 22 p. m. Commissioner Sally McGinnis asked Ms. Johnson, "There are other stops?" Ms. Johnson responded, "Absolutely. One thing I would like to clarify with you. I have gotten a lot of questions. Where will the stops be? We don't necessarily determine where all the stops are. Cities and Counties make that determination. So, if you have areas that you would like to be addressed in Winter Springs, please let me know." Ms. Johnson added, "Also let your County Commissioners know because they will also play a role in determining where the stops are located." Ms. Johnson added, "We will have shelters at some of the stops." Mayor Bush mentioned to Ms. Johnson, "I am sure that Winter Springs will want their bus stops to look different than others." Deputy Mayor Donald A. Gilmore said to Ms. Johnson, "I am hoping that we receive periodic reports on ridership?" Ms. Johnson stated, "Absolutely." Discussion. Ms. Johnson then noted that "LYNX is hosting a series of Town Hall meetings throughout our three (3) County service area." Furthermore, Ms. Johnson said, "The Town Hall Meetings in Seminole County are on Wednesday, February 6th [2008] at six p.m. at Lon~wood Community Center. I did mail each of you a flyer about these events. February 7t [2008] is at `Good Morning Seminole' which is the Seminole County Regional Chamber of Commerce breakfast meeting and that is at the Lake Mary Marriott." at 7:30 a.m. As to who on our Staff would work with LYNX, Manager McLemore said, "The coordinating person there would be Community Development Department..." Mayor Bush added, "...Randy Stevenson." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 5 OF 13 AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation By Seminole County Commissioner Bob Dallari. This Agenda Item was not heard. • • AGENDA NOTE: PUBLIC INPUT WAS HELD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • PUBLIC INPUT Mr. Richard Schaffer, 319 Arapaho Trail, Winter Springs, Florida: spoke on the proposed Fire Assessment Fee and mentioned that many residents are on fixed incomes and asked the City Commission to please consider the Tuscawilla Trails residents. Brief discussion. Mr. Laurent A. Pellerin, 116 South Moss Road, Winter Springs Florida: mentioned he had attended a previous Town Hall Meeting; commented on Property Tax Reform issues; and noted that there were residents on the West side of the City who also were hurting financially. Discussion. REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore mentioned that the "Grandville" project was most likely going forward. REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 6 OF 13 REPORTS 403. Commission Seat Four -Sally McGinnis Commissioner McGinnis asked that the appearance of the Civic Center be looked into soon. Next, Commissioner McGinnis commented on the proposed rate for mobile homes and asked if it ever has been tested in the Courts? Attorney Garganese mentioned he would discuss that with Special Counsel working on the Ordinance. Discussion ensued on hardship cases; the Engle's property; and the Tax rate. Commissioner Miller suggested that similar size residences to Mobile Homes also be considered. Manager McLemore responded, "We'll do the details and bring it back to you." REPORTS 404. Commission Seat Five -Joanne M. Krebs Absent. REPORTS 405. Office Of The Mayor -John F. Bush Mayor Bush spoke of Lake Mary's new Events Center and suggested that the City Commission also visit it out and that the City Commission should consider one for Winter Springs also. Secondly, Mayor Bush recommended that the City Commission consider starting a Foundation for the Arts. Next, Mayor Bush thought that a Citizen Committee for Economic Development should be developed. "I WOULD LIKE TO MOVE THAT WE PROCEED WITH THAT AND COME BACK WITH THE INFORMATION NECESSARY TO MAKE THAT A REALITY." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF W[NTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 7 OF 13 Mayor Bush then mentioned his Meeting with Representative Dean Cannon. Discussion. Next, Mayor Bush further addressed an Events Center and stated, "I think we need a Motion on that to maybe direct Staff to try to explore the possibilities -we're talking about, not only the costs but the location -the Town Center might be an excellent place." "MOTION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH ADDED, "BASICALLY TO DIRECT STAFF TO EXPLORE POSSIBILITIES..." COMMISSIONER MILLER ADDED, "...LOCATIONS." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush added that there was a large enough room at the Lake Mary Events Center for dancing. REPORTS 406. Commission Seat One -Robert S. Miller Commissioner Miller mentioned that he would bring a slide presentation to the next Meeting on the recent Highland Games events. REPORTS 407. Commission Seat Two -Rick Brown Commissioner Rick Brown further spoke on Economic Development and the Economic Development Committee. REPORTS 408. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Commissioner Gilmore spoke briefly of excess irrigation usage comments and mentioned that on Winter Springs Boulevard at Tuscawilla, there was excess water around 7:00 p.m. or 8:00 p.m. last evening. Mr. Kip Lockcuff, P.E. Director, Public Works/tJtility Department commented, "Steve (Richart) can give you a Report." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 8 OF 13 • • AGENDA NOTE: THE FOLLOWING REPORT WAS HELD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • REPORTS REPORTS 405. Office Of The Mayor -John F. Bush Mayor Bush commented on the Hometown Democracy petition and mentioned they are good for two (2) years, and then noted, "I think the bottom line for the cities is we better have our Comp[rehensive] Plan about as tight as it is going to be, because if that passes, it will be almost impossible to change it. So, we can do that Eloise (Sahlstrom)?" Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department stated, "We're working hard on it." Mayor Bush called a Recess at 6: 01 p. m. Mayor Bush called the Meeting back to Order at 6:14 p. m. Tape l/Side B • • AGENDA NOTE: THE ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED, FOLLOWED BY THE PUBLIC HEARINGS AGENDA. • • REPORTS REPORTS 405. Office Of The Mayor -John F. Bush Mayor Bush spoke for the Record about an American kilt which was presented to Mayor Bush. Mayor Bush noted it belongs to the City of Winter Springs and would also be displayed. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The City Commission Hold A Public Hearing On The Draft Evaluation And Appraisal Report (EAR) Recommendations Related To The City's Major Issues, Recently Discussed At The Joint Local Planning Agency And City Commission Special Meeting Held On January 17, 2008. Ms. Sahlstrom addressed the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 9 OF 13 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Matthew Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commended the good work that has been done and suggested we look for Grant funds when possible. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed on urban sprawl and housing options for the elderly. Commissioner McGinnis mentioned she would provide the City Commission with an advertisement from the Baltimore Sun newspaper. Discussion. "I WOULD LIKE TO MAKE A MOTION RELATIVE TO ITEM 7., THAT WE REMOVE A POLICY ENCOURAGING -THAT WE JUST LET THE STATE LAW BE WHAT IT MAY, AND THAT WE USE THIS AS A `CONDITIONAL USE' IN A SINGLE FAMILY ZONING DISTRICT SUBJECT TO STRICT DESIGN COMPATABILITY GUIDELINES TO PROTECT THE NEIGHBORHOOD CHARACTER." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. "I MAKE A MOTION TO TAKE OUT THE WORD `ENCOURAGE'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. NO ACTION WAS TAKEN ON THIS MOTION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 10 OF 13 COMMISSIONER MILLER ADDED, "I TAKE IT THAT THERE IS A LOT OF RESISTANCE TO THAT TOO, SO, I WILL MAKE A MOTION THAT ALL OF THESE ITEMS HERE WHERE - IT SAYS, ADD A POLICY OR POLICIES TO THE COMPREHENSIVE PLAN, DESIGNATING ONE (1) OR MORE AREAS, I WOULD LIKE TO ADD A POLICY OR POLICIES THAT ENCOURAGES THE COMPREHENSIVE PLAN DESIGNATING ONE (1) OR MORE AND THEN PUT `ENCOURAGING' ALL THE WAY THROUGH THIS DOCUMENT. EVERYWHERE, WHERE IT SAYS ANYTHING, STRENGTHEN POLICIES THAT ENCOURAGE, REQUIRED INTERACTION OF NEW DEVELOPMENT - POLICY OF FUTURE LAND USE THAT ENCOURAGES THE CITY TO ALLOW AND PROMOTE VERTICAL INTEGRATION - AND ONLY DISCOURAGE URBAN SPRAWL." MOTION DIED FOR LACK OF A SECOND. Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ELIMINATE ITEM 7. SINCE IT IS ADDRESSED BY STATE LAW." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: NAY DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. MAYOR BUSH NOTED, "CAN WE HAVE A MOTION THEN TO APPROVE" [AGENDA ITEM]? MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 11 OF 13 PUBLIC HEARINGS 501. Office Of The City Manager Requesting The Commission To Approve Second Reading Of The Ordinance 2008- 01, Which Establishes The Fire Assessment Program In The City Of Winter Springs, And Approve Of The Associated Initial Rate Resolution. (This Agenda Item Has Been Delayed Until February 11, 2008 In Order To Allow The Consultants And Attorney Sufficient Time To Recalculate The Assessment Rates To Allow For A Mobile Home Rate Category, And To Develop A Hardship Exemption Program And Installment Payment Plan Program.) No action was needed or taken during this Meeting. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting City Commission Consideration Of Resolution Number 2008-02 To Update The City's Personnel Policies Regarding Military Leave. (This Item Was Tabled At The January 14, 2008 Commission Meeting. Request Commission To Remove Item From Table.) "I MAKE A MOTION THAT WE REMOVE THIS FROM THE TABLE." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Brief discussion. "I MAKE A MOTION THAT WE ADOPT THE TWENTY-FOUR (24) MONTHS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — JANUARY 28, 2008 PAGE 12 OF 13 REGULAR 601. Not Used. REGULAR 602. Office Of The City Attorney Requests The City Commission Review The Attached Resolution Number 2008 -09 Adopting A New City Of Winter Springs Policy Regarding The City's Collection And Use Of Social Security Numbers. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 603. Public Works Department Requesting The Commission Direction On The Trail Bridge Flags. Discussion ensued with Mr. Lockcuff. Tape 2 /Side A "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. MAYOR BUSH ADDED, "THAT WE FLY FLAGS ON THOSE POLES; THAT IS THE MOTION." MAYOR BUSH ADDED, "TO CLARIFY YOUR MOTION, IT IS THAT WE APPROVE FLYING FLAGS FROM THESE FOUR (4) POLES AND FLY THEM APPROPRIATELY WITHIN ALL THE LAWS OF THE LAND, ETC., ETC., ETC." COMMISSIONER BROWN ADDED, "THAT WAS MY MOTION, YES." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 28, 2008 PAGE 13 OF 13 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: NAY MOTION CARRIED. Deputy Mayor Gilmore mentioned that the flags at the Senior Center need to be replaced. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:03 p.m. RESPECTFULLY SUBMITTED: LORENZO-LUACES, CMC C APPROVED: MA R :iOHN F. $USfI• NOTE: These Minutes were approved at the February 11, 2008 Regular City Commission Meeting.